H. Rept. 113-620 - TO AMEND THE FEDERAL CHARTER OF THE VETERANS OF FOREIGN WARS OF THE UNITED STATES TO REFLECT THE SERVICE OF WOMEN IN THE ARMED FORCES OF THE UNITED STATES113th Congress (2013-2014)

Committee Report

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113th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 113-620
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TO AMEND THE FEDERAL CHARTER OF THE VETERANS OF FOREIGN WARS OF THE
UNITED STATES TO REFLECT THE SERVICE OF WOMEN IN THE ARMED FORCES OF
THE UNITED STATES
_______
November 17, 2014.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Goodlatte, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 5441]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 5441) to amend the Federal charter of the Veterans
of Foreign Wars of the United States to reflect the service of
women in the Armed Forces of the United States, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for the Legislation.......................... 2
Hearings......................................................... 5
Committee Consideration.......................................... 5
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
New Budget Authority and Tax Expenditures........................ 5
Congressional Budget Office Cost Estimate........................ 5
Duplication of Federal Programs.................................. 6
Disclosure of Directed Rule Makings.............................. 7
Performance Goals and Objectives................................. 7
Advisory on Earmarks............................................. 7
Section-by-Section Analysis...................................... 7
Changes in Existing Law Made by the Bill, as Reported............ 7
Purpose and Summary
This bill amends the charter of the Veterans of Foreign
Wars of the United States to be gender-neutral.
49-006
Background and Need for the Legislation
WOMEN IN MILITARY SERVICE
The Congressional Research Service reports that:
Over the last few years, women have become more
involved in combat operations. Since September 2001 (to
February 28, 2013), 299,548 female service members have
been deployed for contingency operations in Iraq and
Afghanistan. In approximately 12 years of combat
operations in Iraq and Afghanistan, over 800 women have
been wounded and over 130 have died. According to the
Department of Defense (DOD), as of February 29, 2013,
16,407 female members were currently deployed in
contingency operation. Women have been recognized for
their heroism, two earning Silver Star medals.
The expansion of roles for women in the armed forces
has evolved over decades. Women are not precluded from
serving in any military unit by law today. DOD policy
restricting women from serving in ground combat units
was most recently modified in 1994 and 2013. Under the
1994 policy, women could not be assigned to units,
below the brigade level, whose primary mission is to
engage in direct combat on the ground. Primarily, this
meant that women were barred from infantry, artillery,
armor, combat engineers, and special operations units
of battalion size or smaller. On January 24, 2013,
then-Secretary of Defense Leon Panetta rescinded the
rule that restricted women from serving in combat
units.\1\
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\1\David Burrelli, Women in Combat: Issues for Congress, 2013 CRS
Report for Congress.
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The American Forces Press Service reports that:
Efforts continue for the services and U.S. Special
Operations Command to meet a Jan. 1, 2016, deadline by
which all military positions and occupations will be
open to women, a senior Pentagon official said. . . .
Juliet Beyler, officer and enlisted personnel
management director in the office of the undersecretary
of defense for personnel and readiness, said interim
steps are in place to complete the full implementation
of the January 2013 rescission of the 1994 Direct
Ground Combat Definition and Assignment Rule.
``Anybody should be able to serve in any position,
based on their ability, based on their qualifications,
unless there's a valid reason to keep it closed,''
Beyler said.
The first step, Beyler said, is to review and validate
all military occupation standards, a process she said
will take time and has a completion deadline of
September 2015.
By 2016, Beyler explained, service leaders will need to
inform the defense secretary and the chairman of the
Joint Chiefs of Staff of the decision either to open
all remaining closed positions to women or provide a
valid, detailed reason on why a position needs to
remain closed.
``The presumption is it will open unless they justify
otherwise,'' she added, ``and any exception to keep a
position closed come Jan. 1, 2016, has to be personally
approved by both the secretary and the chairman.''\2\
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\2\Amaani Lyle, Work Continues to Open Military Occupations to
Women, American Forces Press Service, April 7, 2014. See also
Memorandum by Martin Dempsey, Chairman, Joint of the Joint Chiefs of
Staff and Leon Panetta, Secretary of Defense, to Secretaries of the
Military Departments Acting under Secretary of Defense for Personnel
and Readiness and Chiefs of the Military Services, Jan. 24, 2013.
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FEDERAL CHARTERS
A Federal charter is an Act of Congress passed for a
private, non-profit organization. The reason for seeking one is
to give an organization the honor of Federal recognition. These
charters grant no new privileges or Federal legal rights to
organizations. Currently, the Judiciary Committee has
jurisdiction over about 90 Federal charters. On March 14, 2013,
the Subcommittee on Immigration and Border Security adopted the
policy of the Judiciary Committee subcommittee of jurisdiction
since the 101st Congress of not granting new Federal charters.
However, the policy provides that the subcommittee can continue
to consider legislation to amend existing charters when
necessary.
THE VETERANS OF FOREIGN WARS
The Veterans of Foreign Wars of the United States (VFW) has
been a federally chartered organization since 1936.\3\ The
purposes of the corporation are ``fraternal, patriotic,
historical, charitable, and educational, and are--
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\3\See 36 U.S.C. sec. 230101.
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(1) to preserve and strengthen comradeship among its
members;
(2) to assist worthy comrades;
(3) to perpetuate the memory and history of our dead, and
to assist their widows and orphans;
(4) to maintain true allegiance to the Government of the
United States, and fidelity to its Constitution and laws;
(5) to foster true patriotism;
(6) to maintain and extend the institutions of American
freedom; and
(7) to preserve and defend the United States from all
enemies.''\4\
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\4\36 U.S.C. sec. 230102.
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The VFW states that:
The VFW traces its roots back to 1899 when veterans of
the Spanish-American War (1898) and the Philippine
Insurrection (1899-1902) founded local organizations to
secure rights and benefits for their service: Many
arrived home wounded or sick. There was no medical care
or veterans' pension for them, and they were left to
care for themselves.
In their misery, some of these veterans banded together
and formed organizations with what would become known
as the Veterans of Foreign Wars of the United States.
After chapters were formed in Ohio, Colorado and
Pennsylvania, the movement quickly gained momentum. By
1915, membership grew to 5,000; by 1936, membership was
almost 200,000.
Since then, the VFW's voice had been instrumental in
establishing the Veterans Administration, creating a GI
bill for the 20th century, the development of the
national cemetery system and the fight for compensation
for Vietnam vets exposed to Agent Orange and for
veterans diagnosed with Gulf War Syndrome. In 2008, VFW
won a long-fought victory with the passing of a GI Bill
for the 21st Century, giving expanded educational
benefits to America's active-duty service members, and
members of the Guard and Reserves, fighting in Iraq and
Afghanistan.
The VFW also has fought for improving VA medical
centers services for women veterans.
Besides helping fund the creation of the Vietnam,
Korean War, World War II and Women in Military Service
memorials, the VFW in 2005 became the first veterans'
organization to contribute to building the new Disabled
Veterans for Life Memorial. . . .
Annually, the nearly 1.9 million members of the VFW and
its Auxiliaries contribute more than 8.6 million hours
of volunteerism in the community, including
participation in Make A Difference Day and National
Volunteer Week.
From providing over $3 million in college scholarships
and savings bonds to students every year, to
encouraging elevation of the Department of Veterans
Affairs to the president's cabinet, the VFW is
there.\5\
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\5\See VFW website.
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Membership in the VFW is open to an individual:
[O]nly if the individual served honorably as a member
of the Armed Forces of the United States------
L(1) in a foreign war, insurrection, or expedition
in service that------
L(A) has been recognized as campaign-medal
service; and
L(B) is governed by the authorization of the
award of a campaign badge by the United States
Government;
L(2) on the Korean peninsula or in its territorial
waters for at least 30 consecutive days, or a total of
60 days, after June 30, 1949; or
L(3) in an area which entitled the individual to
receive special pay for duty subject to hostile fire or
imminent danger under section 310 of title 37.\6\
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\6\36 U.S.C. sec. 230103.
Membership does not require that a service member have
engaged in actual combat, only that they served in a combat
zone.
The Executive Director of the VFW's Washington, D.C. office
sent a letter to the Committee requesting that the Committee
amend its Federal charter. The letter stated that:
The [VFW] was formed in 1899 and was chartered by
Congress in 1936, at a time when military service was
limited to men. Today, our military consists of both
men and women who honorably put duty and service before
themselves. Consistent with the growing number of
military women who serve at all levels, women are
taking leadership roles throughout our organization.
The VFW strongly believes that combat service, not
gender, determines VFW membership eligibility. That is
why we opened our membership to women over 35 years
ago. However, our Congressional Charter does not
reflect this reality.''\7\
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\7\Letter from Robert Wallace, Executive Director, VFW Washington
Office, to Bob Goodlatte (September 29, 2014).
H.R. 5441 makes the language of the VFW's charter gender-
neutral. The VFW is supportive of the bill.\8\
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\8\See id.
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Hearings
The Committee on the Judiciary held no hearings on H.R.
5441.
Committee Consideration
On November 13, 2014, the Committee met in open session and
ordered the bill H.R. 5441 favorably reported without
amendment, by voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes during the Committee's consideration of
H.R. 5441.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 5441, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 14, 2014.
Hon. Bob Goodlatte, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5441, a bill to
amend the Federal charter of the Veterans of Foreign Wars of
the United States to reflect the service of women in the armed
forces of the United States.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is William Ma,
who can be reached at 226-2840.
Sincerely,
Douglas W. Elmendorf,
Director.
Enclosure
cc:
Honorable John Conyers, Jr.
Ranking Member
H.R. 5441--A bill to amend the Federal charter of the Veterans of
Foreign Wars of the United States to reflect the service of women in
the armed forces of the United States.
As ordered reported by the House Committee on the Judiciary
on November 13, 2014.
H.R. 5441 would amend the Federal charter for the Veterans
of Foreign Wars of the United States by replacing gender
specific language with terms that are gender neutral. Those
changes would confer no Federal benefits, nor would they impose
requirements upon the Federal Government. Thus, CBO estimates
that enacting H.R. 5441 would have no budgetary effect.
Because H.R. 5441 would not affect direct spending or
revenues, pay-as-you-go procedures do not apply.
H.R. 5441 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is William Ma. The
estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Duplication of Federal Programs
No provision of H.R. 5441 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 5441 specifically directs
to be completed no specific rule makings within the meaning of
5 U.S.C. 551.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
5441 amends the charter of the Veterans of Foreign Wars of the
United States to be gender-neutral.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 5441 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Reflection of Service of Women in the Armed Forces
in the Federal Charter of the Veterans of Foreign Wars of the
United States. The VFW's charter provides that the VFW is a
``national association of men who as soldiers, sailors,
marines, and airmen served this Nation in wars, campaigns and
expeditions on foreign soil or in hostile waters. . . .''\9\
Subsection (a) replaces ``men'' with ``veterans''. The charter
provides that one of the purposes of the organization is ``to
perpetuate the memory and history of our dead, and to assist
their widows and orphans. . . .''\10\ Subsection (b) replaces
``widows'' with ``surviving spouses.''
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\9\36 U.S.C. sec. 230101 (emphasis added).
\10\36 U.S.C. sec. 230102 (emphasis added).
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Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 36, UNITED STATES CODE
* * * * * * *
SUBTITLE II--PATRIOTIC AND NATIONAL ORGANIZATIONS
* * * * * * *
PART B--ORGANIZATIONS
* * * * * * *
CHAPTER 2301--VETERANS OF FOREIGN WARS OF THE UNITED STATES
* * * * * * *
Sec. 230101. Organization
(a) Federal Charter.--Veterans of Foreign Wars of the
United States (in this chapter, the ``corporation''), a
national association of [men] veterans who as soldiers,
sailors, marines, and airmen served this Nation in wars,
campaigns, and expeditions on foreign soil or in hostile
waters, is a federally chartered corporation.
* * * * * * *
Sec. 230102. Purposes
The purposes of the corporation are fraternal, patriotic,
historical, charitable, and educational, and are--
(1) * * *
* * * * * * *
(3) to perpetuate the memory and history of our
dead, and to assist their [widows] surviving spouses
and orphans;
* * * * * * *
[all]